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Workplace Health and Safety: Frequently Asked Questions

How Am I Legally Protected To Ensure My Workplace Is Safe?

At Lebowitz & Mzhen Personal Injury Lawyers, we understand that a safe workplace is paramount. You are safeguarded by both federal and state laws from dangers in the workplace. Predominant among these is the Occupational Safety and Health Act of 1970 (OSH Act), designed to ensure employer compliance with health and safety standards, and equip workers with the knowledge of their rights. For state-specific safety laws, consult your local state labor department.

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What Are My Worker Rights Under the OSH Act?

Your safety is non-negotiable. The OSH Act affords you the right to refuse work in the presence of immediate danger to life. Beyond such emergencies, it grants you a series of critical rights, which, when understood and exercised effectively, can significantly enhance workplace safety:

  • Receive proper training on health and safety standards your employer must adhere to.
  • Learn about hazardous chemicals present and appropriate self-protection measures.
  • Gain knowledge on all potential health and safety threats present in your work area.
  • Request details from your employer regarding OSH Act standards, incidents, hazards, and your rights as a worker.
  • Present concerns to your employer to rectify any hazards or OSH Act infringements.
  • File a complaint with the Occupational Safety and Health Administration (OSHA).
  • Propose an OSHA inspection of your workplace, and later review the inspection findings.
  • Submit a complaint against employer retaliation due to exercising your rights under the act.
  • Advocate for federal investigations into suspected workplace dangers.

For additional details on your rights under OSHA or for local OSHA office information, please visit the Occupational Safety and Health Administration's official site at www.osha.gov.

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What Should I Do if I Suffer an Injury at Work?

In the unfortunate event of a workplace injury, Lebowitz & Mzhen Personal Injury Lawyers advise you to:

  • Promptly file for workers' compensation benefits to cover medical expenses and reimburse lost wages or injuries. Note that adherence to specific state safety laws may enhance the benefits you receive.
  • Notify your employer of the existing hazard or perilous condition. Collective employee reports strengthen your case for expeditious remediation.
  • Should the issue persist, escalate the complaint to OSHA, or other relevant local agencies, especially if they specialize in the nature of your complaint.
  • In cases where the danger is immediate and life-threatening, contact OSHA's emergency helpline directly at 800-321-OSHA (6742).

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Is Exposure to Tobacco Smoke in the Workplace Governed by OSHA?

Workplace air quality, including exposure to tobacco smoke, is subject to OSHA regulations in specific, severe conditions—for instance, if tobacco smoke interacts with industrial contaminants, creating a hazardous air supply below OSHA approved standards. Determining such conditions often requires the expertise of OSHA agents or environmental consultants. General tobacco smoke concerns, however, typically fall outside the realm of OSHA provisions.

If you have any further questions or need legal assistance, do not hesitate to contact Lebowitz & Mzhen Personal Injury Lawyers at (800) 654-1949. Remember, your initial consultation is free. Our team is ready to help ensure your workplace rights are fully protected.

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Client Reviews
Throughout the process [of the motor vehicle collision case] you were available, responsive and up front. You were available for my questions, and my need for reassurance, and when the opportunity arose to better the outcome of my case, you did not shy away from the extra work. You have proven yourself to be an honest, realistic and caring advocate for the little guy in need. I will refer your firm to any who may be in similar need. John C.
I can't thank you enough for your efforts and dedication to resolving my case. I also want to thank you for your consistent professional manner, touched with that extra personal care that I sensed whenever we communicated. . . . You are a wonderful person and I wish you continued success. Again, thanks for everything. Hallie W.
I am proud to have had Lebowitz & Mzhen represent me in an automobile personal injury case I was involved with. Not only did they come through with a settlement worth far more than I thought possible, the entire office was always friendly, knowledgeable, and ready to answer any questions I had. Should an incident like this occur again, I will not hesitate to contact Lebowitz & Mzhen for their counsel, advice and representation, and I would wholeheartedly recommend them to anyone seeking honest and effective attorneys. Mark B.
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